High Court Rejects Shareholder Privilege Rule in "Aabar v Glencore"

The High Court ruled that companies can assert privilege against their shareholders, rejecting the “Shareholder Rule” which had been alluded to in some previous authorities. The decision clarifies that there is no general rule in English law preventing companies from withholding privileged documents from shareholders. Previous case law has been unclear on the basis for the supposed rule, and in this decision the High Court found that there was no justifiable basis for it....
By: Dechert LLP

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